[특정범죄가중처벌등에관한법률위반(도주차량),도로교통법위반 ][하집1995-2, 551]
Whether the perpetrator of a traffic accident constitutes escape in a case where the perpetrator has taken advantage of the victim's children, sent the victim to a hospital after leaving the hospital, and left the hospital without disclosing the status of treatment (negative)
If the perpetrator who caused a traffic accident returns home to the hospital after taking advantage of the victim's children who were injured by the traffic accident and leaving the hospital to the hospital, the hospital does not directly take part in relief activities, even if he did not take part in such relief activities, it does not constitute escape since he does not have any fact of leaving the site. Even if he left the hospital without disclosing his identity after confirming that the victim was treated, such fact alone does not constitute "a case where he escaped without taking necessary measures such as aiding the victim, as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes."
Article 5-3 (1) 2 of the Act on Aggravated Punishment, etc.
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)
Defendant
Prosecutor
Daejeon District Court Decision 94Gohap78 delivered on November 25, 1994
The prosecutor's appeal is dismissed.
The gist of the grounds for appeal by the prosecutor is as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in the case of this case, the defendant, after causing an accident, went to the hospital by taking advantage of the victim's return to the hospital, and escaped without revealing all the identity of the victim, and not only failed to implement relief measures for the victim, but also resulted in a situation in which it is impossible to confirm the person who suffered the accident even if he left the site after the relief measures were terminated, and thus, the court below constitutes escape under the Act on the Aggravated Punishment, etc. of Specific Crimes, which affected the
As determined by the court below, while the victim lost consciousness at the time of the accident, was used on the ground, and the defendant remains at the scene of about five minutes since he did not move the victim to the hospital, the non-indicted son, who was the victim's son, was driving his own truck before he was involved in the accident site and driving his own truck on the site and let the victim take medical treatment at the emergency room located in the Chungcheongnam-gu Seoul Metropolitan City. The non-indicted son sent a threat to "I am dead, will store," and the above non-indicted son," and the defendant did not inform the above non-indicted son of his intention that he could not take measures to rescue the victim from the emergency room until she got out of the scene of the accident without disclosing the situation of the victim's treatment to the above non-indicted son, even if the non-indicted son was found not to have taken part in the above medical treatment or treatment, and therefore, the defendant cannot be found to have taken measures to have been taken directly by the hospital and the above non-indicted son.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Kim Tae (Presiding Judge)